Court Partially Dismisses Some Claims in Hillshire’s Jimmy Dean Breakfast Sandwich Suit

Judge Staci M. Yandle of the Southern District of Illinois issued an order on Friday granting in part and denying in part Hillshire Brands’ motion to dismiss several claims of a class-action complaint brought against it for purportedly misrepresenting the whole wheat content of its Jimmy Dean breakfast sandwiches.

The complaint alleges that the label “made with whole grain” on the Jimmy Dean breakfast sandwiches is misleading because the primary ingredient of the sandwich is enriched wheat flour. The complaint accused Hillshire Brands of violating the Deceptive Business Practices Act, negligent misrepresentation, and unjust enrichment.

Judge Yandle ruled to grant Hillshire Brands’ motion to dismiss the following claims: negligent misrepresentation, breach of express and implied warranty, and breach of the Magnuson Moss Warranty Act.

Hillshire Brands is represented by Mayer Brown LLP. The plaintiff is represented by Sheehan & Associates, P.C.